Henderson v. Baker et al

Filing 9

ORDER Counsel for petitioner shall meet with petitioner as soon as possible to discuss issues described in attached order. Amended petition due within 120 days. Courtesy copies of all exhibits shall be sent to the Reno division. Please see attached for further deadlines and details. Signed by Judge Robert C. Jones on 6/1/15. (Copies have been distributed pursuant to the NEF - JC)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

8
9
10

JOSEPH HENDERSON,
11
Petitioner,

Case No. 3:14-cv-00639-RCJ-WGC

12
vs.

ORDER

13
RENEE BAKER, et al.,
14
Respondents.
15
16
17
This action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, filed by
18
a Nevada state prisoner. On April 27, 2015, this court granted petitioner’s motion for counsel and
19
appointed the Federal Public Defender to represent petitioner in this action (ECF #6). On May 27,
20
2015, Jason Carr of the Federal Public Defender’s Office appeared on behalf of petitioner (ECF #8).
21
The court now sets a schedule for further proceedings in this action.
22
IT IS THEREFORE ORDERED that counsel for petitioner shall meet with petitioner as soon
23
as reasonably possible, if counsel has not already done so, to: (a) review the procedures applicable in
24
cases under 28 U.S.C. § 2254; (b) discuss and explore with petitioner, as fully as possible, the potential
25
grounds for habeas corpus relief in petitioner’s case; and (c) advise petitioner that all possible grounds
26
for habeas corpus relief must be raised at this time in this action and that the failure to do so will likely
27
result in any omitted grounds being barred from future review.
28

1

IT IS FURTHER ORDERED that petitioner shall have one hundred twenty (120) days from

2

the date of this order to FILE AND SERVE on respondents an amended petition for writ of habeas

3

corpus, which shall include all known grounds for relief (both exhausted and unexhausted).

4

IT IS FURTHER ORDERED that respondents shall have forty-five (45) days after service

5

of an amended petition within which to answer, or otherwise respond to, the amended petition. If

6

petitioner does not file an amended petition, respondents shall have forty-five (45) days from the date

7

on which the amended petition is due within which to answer, or otherwise respond to, petitioner’s

8

original petition.

9
10

IT IS FURTHER ORDERED that if and when respondents file an answer, petitioner shall
have thirty (30) days after service of the answer to file and serve a reply.

11

IT IS FURTHER ORDERED that any state court record exhibits filed by the parties herein

12

shall be filed with an index of exhibits identifying the exhibits by number or letter. The CM/ECF

13

attachments that are filed shall further be identified by the number or numbers (or letter or letters) of

14

the exhibits in the attachment.

15

IT IS FURTHER ORDERED that the parties SHALL SEND courtesy (paper) copies of all

16

exhibits presented in support of the amended petition and the response to the amended petition to the

17

Reno Division of this court. Courtesy copies shall be mailed to the Clerk of Court, 400 S. Virginia St.,

18

Reno, NV, 89501, and directed to the attention of “Staff Attorney” on the outside of the mailing address

19

label. Additionally, in the future, all parties shall provide courtesy copies of any additional exhibits

20

submitted to the court in this case, in the manner described above.

21
22

Dated: June ______ day of June, 2015.
Dated this 1, 2015.

23
24

___________________________________
UNITED STATES DISTRICT JUDGE

25
26
27
28
-2-